California Rules of Court: Guardian Ad Litem Appointment

To get a guardian ad litem appointment in California, you file a Judicial Council application in the case where a minor or an adult who lacks legal capacity is a party, and the Superior Court appoints an adult to make litigation decisions on that person’s behalf. The core statute is Code of Civil Procedure section 372, with Probate Code section 1003 covering probate matters and separate rules governing family law. The guardian ad litem (GAL) is an officer of the court whose authority is limited to the specific case, and in most situations the GAL must either be an attorney or be represented by one.

Who Needs a Guardian Ad Litem

Code of Civil Procedure section 372 identifies three groups who cannot appear on their own in a California civil action and must be represented by a guardian, conservator of the estate, or court-appointed GAL: minors under 18, adults who lack legal capacity, and adults for whom a conservator has already been appointed.¹

For adults, “lacks legal capacity” has a specific meaning drawn from case law. A person is treated as incompetent for GAL purposes if a preponderance of the evidence shows they either qualify for a conservatorship under Probate Code section 1801 or cannot understand the proceedings and effectively assist their attorney. The court decides this case by case after reviewing evidence about the person’s cognitive abilities.

Probate proceedings sweep in a wider pool. Under Probate Code section 1003, appointments are available not only for minors and incapacitated adults but also for unborn beneficiaries and people whose identity or address is unknown.²

One boundary worth flagging: in a custody or visitation dispute, the person the court appoints to represent a child under Family Code section 3150 is the child’s attorney, not a GAL in the CCP 372 sense.³ A GAL can still be appointed in a family law case for an incapacitated parent, but the roles are governed by different statutes.

How to Apply for the Appointment

You file the application in the court where the case is already pending. The applicant is usually a parent, existing guardian, conservator, party to the lawsuit, or another interested person. A minor who is 14 or older can also apply on their own behalf.⁴

On the defendant side of a civil case, Code of Civil Procedure section 373 gives a minor defendant who is 14 or older ten days after service to apply for their own GAL. If the minor is younger or misses that window, a relative, friend, another party, or the court itself can start the process.⁵

The Required Forms

California uses mandatory Judicial Council forms:

Civil and family law cases use Form CIV-010 (also designated FL-935). A single form covers both.⁶
Probate cases use Form DE-350 (also designated GC-100).⁷

What the Application Must Show

The application must explain why the person needs a GAL, whether because of age or an inability to make legal decisions. The proposed GAL confirms they understand the duties of the role and discloses any conflicts of interest or relationships with the parties.

If the person already has a guardian or conservator of the estate, the application must disclose that and explain why the existing fiduciary cannot adequately represent the person’s interests in the litigation. The existing guardian or conservator then has five court days from receiving notice to file any opposition.¹

A hearing follows. The judge reviews the application, assesses whether the proposed GAL is qualified, and issues a formal order granting or denying the appointment.

The Attorney Requirement

Here is the detail that catches most applicants off guard. A person cannot serve as a GAL in California unless they are a licensed attorney or are represented by one. The only exception is in actions under the Uniform Parentage Act (Family Code sections 7600 through 7730), where an adult relative of a minor party may serve without attorney representation.⁴

In practice, a non-lawyer parent who wants to act as their child’s GAL in, say, a personal injury case will need to hire counsel. The GAL makes the litigation decisions; the attorney does the legal work.

What the Guardian Ad Litem Can and Cannot Do

Once appointed, the GAL protects the interests of the person they represent within the lawsuit. That includes investigating facts, working with the attorney on strategy, and deciding matters like filing motions, participating in discovery, and calling witnesses. The GAL is an agent of the court rather than a personal advocate, and their loyalty runs to the protected party’s best interests as the court sees them. That can mean disagreeing with what the protected party or their family actually wants.

The GAL can negotiate a settlement, but there is a hard limit: any compromise, settlement, or agreement affecting the protected party’s rights has to be approved by the court. Nothing is final until a judge signs off.¹ The GAL also cannot personally receive or manage money or property awarded to the protected party.

How Settlement Money Is Handled

When a minor or incapacitated person receives money from a settlement or judgment, California controls the funds tightly. Under Probate Code section 3500, any compromise of a minor’s disputed claim is valid only after the Superior Court approves it. The petition for approval is filed in the county where the minor lives or any county where the lawsuit could properly be brought.⁸

Once approved, the court also orders how the money is distributed. Probate Code section 3601 directs payment first of reasonable expenses, medical costs, reimbursements to a parent or guardian, court costs, and attorney’s fees. The remaining balance typically goes into a blocked account (no withdrawals without a court order), a single-premium deferred annuity, or a special needs trust. A minor cannot access the funds until turning 18 unless the court authorizes an earlier withdrawal for a specific need.⁹

Smaller settlements have an expedited path. Under California Rules of Court rule 7.950.5, a streamlined petition is available when the petitioner has an attorney, the total settlement is $50,000 or less (with exceptions for policy-limits settlements), no trust is involved, and there are no disputed liens.¹⁰

Who Pays the Guardian Ad Litem

In probate cases, Probate Code section 1003 gives the court direct authority: it determines the GAL’s reasonable expenses, including fees and attorney’s costs, and orders them paid from the estate’s property, by the petitioner, or from another source the court specifies. The GAL does not set their own rate.²

In civil cases involving minors, compensation is less explicitly addressed by statute. Attorney’s fees and costs come out of the settlement or judgment under Probate Code section 3601, and a GAL who is also the attorney of record can recover fees through that mechanism.⁹ Elder abuse actions under the Welfare and Institutions Code explicitly include GAL fees as recoverable costs. Whether a non-attorney GAL can recover fees outside those contexts depends on the court’s discretion.

When the Appointment Ends

A GAL’s authority is tied to the specific case and terminates automatically when the reason for the appointment no longer exists. For a minor, that is turning 18. For an incapacitated adult, it is regaining legal capacity. A final judgment or full resolution of the litigation also ends the role.¹¹

Early termination is available too. If the GAL develops a conflict of interest, fails to perform, or wants to step down, any party can move for removal or the GAL can petition to resign. The court can also remove a GAL on its own motion if it finds the appointment is no longer serving the protected party’s interests. Either way, termination takes a formal court order.

1
California Legislative Information. California Code of Civil Procedure 372 – Disability of Party
2
California Legislative Information. California Code Probate 1003
3
California Legislative Information. California Code Family 3150 – Appointment of Counsel to Represent Child
4
Judicial Council of California. Application for Appointment of Guardian Ad Litem – Civil and Family Law
5
California Legislative Information. California Code of Civil Procedure 373
6
California Courts. Application for Appointment of Guardian Ad Litem – Civil and Family Law
7
Judicial Council of California. Petition for Appointment of Guardian Ad Litem – Probate
8
California Legislative Information. California Code Probate Code 3500
9
California Legislative Information. California Probate Code 3601
10
Judicial Branch of California. California Rules of Court Rule 7.950.5 – Petition for Expedited Approval of Compromise of Claim
11
Judicial Branch of California. California Rules of Court Rule 5.240 – Appointment of Counsel to Represent a Child in Family Law Proceedings